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OLR Bill Analysis
sSB 925
AN ACT PROHIBITING THE IMPORT, SALE AND POSSESSION OF
AFRICAN ELEPHANTS, LIONS, LEOPARDS, BLACK
RHINOCEROS, WHITE RHINOCEROS AND GIRAFFES.
SUMMARY
This bill generally bans importing, possessing, selling, offering for
sale, or transporting in Connecticut a specimen (dead or alive) of any
of six types of African animals, which the bill collectively refers to as
the “big six African species.” It applies to certain elephants, lions,
leopards, giraffes, and two rhinoceros species.
The bill makes violating the ban a felony and subjects a violator to a
fine of up to $10,000, up to two years in prison, or both. It requires
seizure of and holding the specimen and any property or item used in
connection with the violation. If there is a conviction or a judgment
restraining someone from violating the ban, the bill requires that the
specimen, property, or item be forfeited. The specimen (unless it is
alive), property, or item also must be destroyed.
The bill contains several exemptions, including for a specimen that
is already legally in the state or distributed to a beneficiary or heir, as
long as the owner or distributee timely obtains a certificate of
possession from the Department of Energy and Environmental
Protection (DEEP). The ban also does not apply to fossils and ivory
and the following under certain conditions: circuses; museums;
zoological institutions; and motion picture, television, or digital media
production companies.
Lastly, the bill specifies that the ban does not prohibit transporting
through the state endangered or threatened species subject to the terms
of another state’s permit, which existing law allows.
The United States regulates the trade of the species covered by the 2021SB-00925-R000216-BA.DOCX
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bill, except the giraffe, through the Convention on International Trade
in Endangered Species of Wild Fauna and Flora (CITES) and laws such
as the Endangered Species Act (16 U.S.C. § 1531 et seq.). Specifically,
trade of the species requires permits at a minimum (see
BACKGROUND).
EFFECTIVE DATE: October 1, 2021
SCOPE OF BAN
Species Covered
The ban applies to any specimen of any of the following six species:
1. African elephant (loxodonta Africana),
2. African lion (panthera leo),
3. African leopard (panthera pardus pardus),
4. African giraffe (giraffa camelopardalis),
5. Black rhinoceros (diceros bicornis), and
6. White rhinoceros (ceratotherium simum cottoni).
A specimen generally includes any part, product, or offspring of the
species, whether dead or alive, including part of a manufactured or
food product (see Exemptions, below).
Exemptions
Fossils and Ivory. The bill’s ban does not apply to fossils or ivory.
Individuals and Museums. The bill also exempts from the ban, so
long as federal law does not prohibit it, a specimen that is:
1. located or possessed in Connecticut before October 1, 2021, and
whose legal owner obtains a certificate of possession from DEEP
within the 180 days after that date;
2. distributed directly to a legal beneficiary of a trust or to a legal
heir and he or she also obtains a certificate of possession from
DEEP within 180 days after receiving the specimen; or 2021SB-00925-R000216-BA.DOCX
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3. part of a museum collection of an institution with a federal
educational or scientific tax exemption or will be used by a
zoological institution for educational purposes, as long as it is
not subsequently sold, offered for sale, traded, bartered, or
distributed to another party.
For a transfer to a legal beneficiary or heir to be exempt, the
specimen must also have been located or possessed by the decedent
before October 1, 2021, and the beneficiary or heir may not then sell or
offer the specimen for sale, or trade, barter, or distribute it to someone
else.
Zoos, Circuses, and Production Companies. The bill allows
zoological institutions and circuses to import, transport, or possess live
big six African species.
It also allows for the exhibition, purchase, transport, or use of these
animals in a motion picture, television, or digital media production. To
do so, the involved production company must employ or contract with
a federally licensed dealer or exhibitor or a federally registered carrier,
intermediate handler, or unlicensed exhibitor.
By law, these dealers and exhibitors must meet U.S. Department of
Agriculture (USDA) standards for humanely handling, caring for,
treating, and transporting animals (7 U.S.C. § 2143). Carriers and
intermediate handlers must follow USDA requirements for accepting
animals for transport, such as documentation, transport conditions,
and delivery notification (9 C.F.R. § 3.136).
ENFORCEMENT
Beginning October 1, 2021, any law enforcement officer may enforce
the bill's provisions, including executing warrants to search for and
seize a banned specimen.
The bill requires (1) seizing the specimen and any other property or
item used in connection with violating the ban and (2) holding the
specimen, property, or item pending any criminal proceeding. In the
proceeding, the bill allows secondary evidence, such as photographs, 2021SB-00925-R000216-BA.DOCX
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to be admissible as evidence to the same extent as the banned
specimen.
Under the bill, if there is a conviction or an entry of judgment
restraining a defendant from violating the ban, any specimen,
property, or other item seized and held related to the violation must be
forfeited. A specimen (unless alive), property, or item must also be
destroyed.
BACKGROUND
International Law on Animal Trade
CITES is an international treaty under which governments agree to
restrict international trade in certain plants and animals and products
derived from them. It provides a framework for countries to follow
when adopting legislation to implement the treaty. Trade in protected
species must be licensed and there are different levels of protection
based on a species’ endangered status. CITES currently has 183
members as parties to the treaty, including the United States.
COMMITTEE ACTION
Environment Committee
Joint Favorable Substitute
Yea 24 Nay 8 (03/12/2021)